On May 29, 2025, amendments to the Employment Standards Act received royal assent in British Columbia. Employees in British Columbia are entitled to five paid and three unpaid days for short-term illness and injury leave under section 49.1(1) of the Employment Standards Act, and section 45.031 of the Employment Standards Regulation. With the addition of section 49.2 to the Employment Standards Act, employers must not request, and employees are not required to provide, a note from a health practitioner for "short-term" health-related leave in "specified circumstances". These terms are to be defined in upcoming regulations.1 Under section 49.2(1), these changes do not apply to maternity leave, paternal leave, compassionate care leave, or critical illness or injury leave, for which documentation may still be requested by employers.
The purpose of these amendments to the Employment Standards Act is to reduce administrative burdens on health practitioners in British Columbia. The regulations defining short-term health-related leave will be developed and informed through a consultation process. It is expected that the amendments to the Act and the relevant regulations will come into force by the fall of 2025.2
We remind all employers in British Columbia that they must comply with these new requirements. Policies and practices around requesting sick notes for short-term health-related leave should be updated to ensure compliance with the Employment Standards Act and its regulations.
Footnotes
1. Sick notes restriction in BC News Release.
2. Ibid.
The foregoing provides only an overview and does not constitute legal advice. Readers are cautioned against making any decisions based on this material alone. Rather, specific legal advice should be obtained.
© McMillan LLP 2025
